Water Rights in the Palestinian- Israeli context. Dr. Shaddad Attili NSU 2 June 2007

Transcription

1 Water Rights in the Palestinian- Israeli context Dr. Shaddad Attili NSU 2 June 2007

2 Part (1) : an overall picture Intro to Regional Water Stress specifically Palestine Historical Briefing Israel s control of water resources The Issue of water rights International Law Parties Positions This Presentation Part (2): Water aspect in Status-que (current Situation) Oslo Agreement Article 40 Israel Facts on the Ground Case Studies Palestinian Vision *GSWB Water Link * WGC

3 An Overview of the Shared Water Resources Israel and Palestine share the Jordan River with three other riparian countries: Lebanon, Syria and Jordan. Israel and dpalestine also share four groundwater aquifer basins (three in the West Bank, and one in the Gaza Strip/coastal area). Lebanon and Syria possess significant water volumes external to the Jordan River basin.

4 : Military Orders on Water: 92; 158,291 MO AUGUST 1967 ORDER CONCERNING JURISDICTION OVER WATER REGULATIONS MO NOVEMBER 1967 ORDER CONCERNING AMENDMENT TO SUPERVISION OF WATER LAW MO DECEMBER 1968 ORDER CONCERNING SETTLEMENT OF DISPUTES OVER LAND AND WATER

5 Background On 28 September 1995, Oslo II Interim Agreement is signed, and Article XXXI. Annex III of the Interim Agreement (the Protocol Concerning Civil Affairs), and principally in Appendix 1, Article 40 (entitled Water and Sewage). the recognition by Israel of Palestinian water rights in the West Bank; laid down agreements on the coordination of the management of water supplies and of wastewater treatment and disposal for the interim period; JWC and specified additional water resources which should be made available to Palestine during the same period. General agreements were also included on mutual cooperation, and on the protection of water resources and dinfrastructure. t Negotiations between Palestine and Israel on permanent status have not been Negotiations between Palestine and Israel on permanent status have not been concluded, as yet.

6 Oslo- Water Supply Oslo interim arrangements NEAB JR 0 WAB West Bank 22: : 103 West Ghor 0 Gaza 54: CAB EAB Future Demand: Future Demand: PWA estimate based on Demand for 2010 = 723 MCM Deficit to current =444 MCM

7 Israel s Control & Water Rights Israel s control over 85% of all available water resources leaves Palestinians with four times less water per capita than Israel. Palestinians are denied all access to the Jordan River to the east, and to most productive zones in the Western Aquifer Basin to the west. In Gaza, the quality of water is disastrously low and must be addressed. Israeli Well Israeli Reservoir Israeli Water Pipe Water Well Field Israeli Settlement Settlement Area Wall Route (Feb. 05)

8 Article 40, The Interim Allocation and the Additional Quantity- West Bank Palestinian Oslo II allocation from the aquifers in the West Bank and actual Pl Palestinian tii use. Oslo II Article 40 All data as MCM/yr. Eastern Aquifer North-eastern Aquifer Western Aquifer Total 54 (+ 78)* (+78) * Eastern Aquifer or other agreed resources Only one third of the additional amount has been made available during the interim period by drilling new wells. Palestinians have not been allowed to drill in the Western Aquifer Basin. Most wastewater projects have been denied approval No comprehensive dispute mechanism. exist in the JWC

9 Existing Water Supply after 13 years of Oslo arrangement JR NEAB 0 WAB West Bank West Ghor 0 Gaza CAB & Over Abstraction EAB Future Demand: Future Demand: PWA estimate based on Demand for 2010 = 723 MCM Deficit to current =444 MCM

10 The Gaza Aquifer has been overexploited for decades. des. Recharge and discharge Contamination and sea water intrusion Heavy demand This has now reached critical proportions, and must be stopped very soon. There is a need to: - heavily reduce total pumping rates from the Gaza Aquifer; - reduce water utilization by agriculture, over time; - find other water sources; and - introduce desalination as soon as possible.

11 Gaza: The Present Scenario: mismanagement Demand/Use Supply Domestic/Municipal 65 MCM/year Gaza Aquifer 155 MCM/year (over- Agricultural l abstraction) 90 MCM/year (over-abstraction) [Total: 155 MCM/year] [Total: 155 MCM/year]

12 Gaza: The Indicative Scenario for 2012 Demand/Use Domestic/Municipal 85 MCM/year Supply Gaza Aquifer 60 MCM/year Industrial Demand Desalination 5 MCM/year 27 MCM/year Agricultural 65 MCM/year Other Sources 53 MCM/year [Total: 155 MCM/year] [Total: 140 MCM/year] I 2025 th f t d d i ti t d t b 205 In 2025 the future demand is estimated to be 205 MCM/year]

13 water source allocation (%) Palestine Israel Jordan River Eastern Aquif N.Eastern Aquif Western Aquif Coastal Aquif Other resources OVERALL Total resources 270 MCM 2300 MCM Per Capita 70 m 3 /y 353 m 3 /y equitable and reasonable?

14 The Present Inequitable Water Distribution 2, Water Use 1,500 1, Palest tine (3.6 million) 280 llion) Israel (6.7 mi Israel 2300 Palestine Palestine s Water MCM Sources Mekerot 40 Polluted Over Abstraction 80 Entire Population Gaza Aquifer 50 WB Wells and Springs 110

15 Equitable Allocation and New Water Internal Solutions External Solutions Water Groundwater Surface Water Water Demand Purchase Manufactur Development Development Manufacture Management e Wells Springs Jordan River Wadi Gaza Desalinati on WW reuse Mekorot h Importing Water Swap Desalinati on

16 The Interim Agreement: Before and After: Further deterioration of Palestine s position Before the Agreement and after s UN study * Data for the mid-1980s are from the United Nations report of 1992, entitled Water Resources of the Occupied Palestinian Territory

17 The Palestinian i Case on Water Customary international water law requires that joint water resources should be shared by the Parties: in an equitable and reasonable manner; without creating significant harm to the other Party; with prior notification of works likely to affect the other Party.

18 The Israeli Proposal at Camp David Overa all Wate er Alloc cation Perpetuate the current inequitable allocation and provide funding for new water to enhance Palestine s share New New Israel Israel

19 The Palestinian Proposal [1] Overa all Wate er Alloc cation Reallocate the existing water resources, generating equitable allocations Israel Israel

20 The Palestinian Proposal [2] rall Wat ter Alloc cation Develop and allocate the new water - note that the end point is the same as in the Israeli approach New New Israel Israel Over

21 Towards a Palestinian State that Viable Borders including East Jerusalem the Capital, a fair solution to the Refugees issue and the need to water right solution Viability: Water demand (reallocation) Territorial Link :The need to the water link between WB & GS Importance of the Jordan valley (Refugee, Agriculture and Economic) The need to construct a West Ghor Cnl Canal.

22 Existing Water Supply JR NEAB 0 West Bank West 22 Ghor WAB Gaza CAB 60 Gaza sub aquifer is over abstracted EAB Future Demand: Future Demand: PWA estimate based on Demand for 2010 = 723 MCM Deficit to current =444 MCM

23 Water Link WB-GS A physical link between the West Bank and Gaza is needed to create a viable state This may need to contain water infrastructure, in order to: o Transfer groundwater from the West Bank to Gaza; and/or o Transfer desalinated water from Gaza to the West Bank. The NSU has studied six possible versions of such a link, relating to water This work is important for the leadership to decide on a route to be selected for the territorial link

24 The Jordan Valley Palestinian Israeli Population LAND Number of villages / settlements ~20(44) ~10000 Irrigated land (dunums) 53,156 [3] 26,400 [4] Land remaining for irrigation WATER Control over brackish springwater No. of Wells 12 Consumption, by source (MCM/y) Lower Jordan River Springs Wadis Groundwater Wastewater re-use Total water consumption 77,000 [5] - 170, [6] Irrigated / Irrigable land [dunums] [7] 34 [8] [3] Rough Sabah, et Estimate al. (1997: 29) of Irrigated [4] 250,000 ~ 250 Agriculture Arij (1996) Water Requirement in the [5] includes 5,000 dunums for irrigation in Jericho and 72,000 dunums dunums for irrigation MCM/year JRV in Tubas (PWA 2003). See also Table 3.2. [6] Current SUSMAQ usage (2001: Table 2.4 and 2.18) [7] estimated capture at Wadi al Fara 80,000 (Israeli and Palestinian) (consumed) [8] CBS (2004: Table 27) 0 41 Water quantity [MCM/y]

25 The West Ghor Canal The lower Jordan River suffers from very poor water quality This implies that water from Lake Tiberias should reach the West Ghor through a canal (i.e. not in the existing river bed) The NSU has completed the work looking to all options available

26 The Desalination Initiative New water should not be developed to replace the water which exists currently, and to which Palestine has legitimate rights. Imposing Solutions!Caesarea/ Hadera case : The obvious and most cost- effective choice is to provide supplies to Israel s coastal population, rather than pumping such resources more than 1,000 metres vertically to demand centres in the West Bank. This would also satisfy important concerns relating to costeffectiveness.

27 The Palestinian Case on Water The major water resources available to Palestine are: - the Eastern Aquifer Basin; - the North-eastern Aquifer Basin; - the Western Aquifer Basin; - the Gaza Aquifer (part of the Coastal Aquifer Basin); - the surface waters of the Jordan River. All of these are shared with Israel. Customary international water law requires that these should be shared by the Parties: - in an equitable and reasonable manner; - without creating significant harm to the other Party; - with prior notification of works likely to affect the other Party.

28 Reallocation and the Transition Period The signature of an agreement based on equitable and reasonable use will not have immediate effect, for various reasons, e.g.: - paucity of infrastructure; - rate of return of refugees; - repopulation of occupied areas; - growth in demand in various sectors. A lengthy period will therefore be available for Israel to adjust its development of new water to compensate for water ceded to Palestine in the agreement.

29 Equitable share for Israel Water Al llocatio on Equitable share for Palestine Date of signature of the Agreement The Israeli share of the total resources as at the date of signature of the Agreement is reduced, but Israel has time to develop new water to compensate for this. The total available water resource is maintained i over time, as a result. The Palestinian share of the total resources as at the date of signature of the Agreement increases over time, to meet the volume agreed as the water rights of the Palestinians. Palestinian n demand matches the water rights The transition period Time

30 Bilateral Transition: Current Scenario Volumet tric allo ocations Israel Palestine Time

31 Bilateral Transition: Step 1 s Volumet tric allo ocation Agreement on equitable allocations is signed Agreed Israeli allocation Agreed Palestinian allocation Time

32 Bilateral Transition: Step 2 s Volumet tric allo ocation Agreement Palestinian demand grows gradually to meet agreed allocation Time

33 Bilateral Transition: Step 4 s Volumet tric allo ocation Israel generates new water, increasing its allocation The transition period Time

34 Conclusion Water stress is experienced by all countries in the region and more so in the Palestinian Territories. The daily per capita allocation of water is highly disproportionate between Israelis and Palestinians whose allowance is far below WHO international standards. In the context of water and sewage arrangements, the Oslo Interim agreement has been utilized as a mechanism to impede Palestinian water development. The present water distribution is deeply inequitable and unreasonable. An agreement based on Int. Law must be achieved, ideally in the Permanent Status Agreement. An equitable reallocation can be achieved without harm to Israel through the mechanism of a reallocation transition period. A viable Palestinian State is not possible without reacquiring a rightful share of water. A water crisis exists in Gaza that must be addressed without delay.